Proffer
| Evidence |
|---|
| Part of the law series |
| Types of evidence |
| Relevance |
| Authentication |
| Witnesses |
| Hearsay and exceptions |
| Other common law areas |
A proffer is an offer made prior to any formal negotiations.
In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument (for example, as used in U.S. law[1]), or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden. For example, in support of a particular argument, a party may proffer documentary evidence or witnesses.
Where a party is denied the right to introduce evidence because that evidence would be inflammatory, hearsay, or would lack sufficient authentication, that party must make a proffer of what the evidence would have shown in order to preserve the issue for appeal through a formal procedure, such as an offer of proof.
As in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".
Etymology
The word proffer is derived from Anglo-French "por-", forth, and "offrir", to offer.[2]
See also
References
- ^ "Rule 103. Rulings on Evidence". Cornel Law School - LII / Legal Information Institute. Committee Notes on Rules - 2000 Amendment. Retrieved 2021-07-19.
- ^ "proffer". Merriam-Webster Online Dictionary. Retrieved 2009-08-25.
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